Antitrust and Unfair Competition Law

The newsletter of the ISBA’s Section on Antitrust & Unfair Competition Law

2002 Articles

Allocation of antitrust enforcement between and within agencies: A comparison By Ivan Gurov December 2002 There are two basic models of antitrust enforcement. Chronologically, the first one appeared in the United States with the Sherman Act of 1890.
The antitrust counselor: Competitor communications regarding price By Mildred L. Calhoun December 2002 Probably the single most repeated piece of advice given by antitrust lawyers to their clients is to avoid communications with competitors regarding prices.
The antitrust implications of creative pricing strategies By Rebecca A.D. Nelson December 2002 The Sherman Act1 was enacted in 1890. It is a very straightforward law, prohibiting "contracts, combinations or conspiracies ... in restraint of trade" (Section 1) and monopolization or attempted monopolization of any part of trade or commerce (Section 2).
Corporate amnesty: an offer your client cannot afford to refuse By Kalina M. Tulley May 2002 Understanding the Antitrust Division's Corporate Leniency Program (Amnesty Program) has never been more critical than it is now.
Don’t forget antitrust in the current corporate crisis By Spencer Weber Waller October 2002 Not a day goes by when another corporation or entire sector of the economy is not hit by a new scandal involving corporate wrongdoing.
Editor’s note October 2002 There are two very interesting programs, for which there is no charge, that are going to be presented jointly by this Section in conjunction with the Chicago Bar Association's Antitrust Law Committee.
Recent cases December 2002 This opinion consolidates several cases arising out of an alleged conspiracy to fix the price of copper futures at artificially high levels on the international exchange markets in violation of Section 1 of the Sherman Act.
Recent cases October 2002 Plaintiff, manufacturer of purified bottled water sold around Lubbock, Texas, brought suit seeking damages based on: (1) Clayton Act § 3; (2) the parallel provision in the Texas Free Enterprise and Antitrust Act; and (3) state law claims of tortious interference with existing and prospective business relations.
Rediscovering coordinated effects By Charles A. James October 2002 It has been said that life is largely a matter of expectation. Throughout my career in the antitrust field, I have been first and foremost a merger lawyer, and as a result I expected that the majority of my time at the Antitrust Division would be devoted to merger matters
The Second and Fifth Circuits disagree over the scope of the Foreign Trade Antitrust Improvements Act By John L. Conlon October 2002 Each year the United States and other nations become more integrated into a global economy.
Vietnam competition law: Antitrust in the “socialist- oriented” market economy environment By Tuan A. Phung October 2002 Since the Renovation (called "Doi Moi" in Vietnamese) Policy was adopted in 1987, Vietnam is working hard to integrate its economy into the world economy, globalizing the country, so to speak.
Will Adam Smith’s statement be retired from trials? By John L. Conlon December 2002 A hoary but effective quote that government and plaintiff's counsel frequently use in their briefs and at trials in antitrust cases is Adam Smith's classic statement in the Wealth of Nations: